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2008 DIGILAW 406 (PAT)

Kusheshwar Kumar Yadav @ Kusheshwar Yadav v. State Of Bihar

2008-02-26

ABHIJIT SINHA

body2008
Judgment 1. Heard Sri Kumar Manish, learned counsel for the petitioner who is a shopkeeper and Sri Jharkhandi Upadhaya, the learned A.P.P. for the State. 2. The petitioner is aggrieved by order dated 3.8.2006 passed in P.F.A. Case No. G.O. 115/05 T.R. No. 1993/2006 passed by the learned Chief Judicial Magistrate, Madhubani, whereby cognizance under Section 16 of the Prevention of Food Adulteration Act (hereinafter referred to as "the P.F.A. Act") has been taken against the petitioner. An additional prayer for quashing of the entire prosecution has also been made. 3. It appears that prosecution was launched against the petitioner on the basis of the report of the Public Analyst which indicated that "the sample of mung whole does not confirm to the prescribed standard of purity prescribed under the P.F.A. Rules, 1955 and hence adulterated". Written consent as required under Section 20 of the P.F.A. Act was taken from the Civil Surgeon-cum-Chief Medical Officer, Madhubani. 4. Learned counsel for the petitioner has assailed the order of written consent dated 17.8.2005 by placing reliance on two judgments of this Court, namely, Krishna Lal Sah & Anr. vs. State of Bihar (Cr. Misc. No. 29224/2003) disposed of on 5.5.2004 and Sudhir Nayar vs. The State of Bihar & Anr. (Cr. Misc. No. 22875/2004) disposed of on 4.5.2005. 5. It has been held in those two decisions that the entire proceedings of the case is vitiated on the ground that sanction of order under Section 20 of the P.F.A Act, 1954, for prosecution of the petitioner under Section 16 of the P.F.A. Act shows complete non-application of mind since the said consent is on cyclostyled format in which the name and address and some other details have merely been filled in writing and there is no mention about the satisfaction. 6. Mr. Jharkhandi Upadhaya, learned A.P.P. appearing on behalf of the State frankly concedes that he has nothing in the face of the two judgments of this Court referred to above by which he can defend the action of the Civil Surgeon, Madhubani. 7. In that view of the matter the entire prosecution of the petitioner in P.F.A. Case No. G.O. 115/05 is hereby quashed and the application is allowed.